Sivakumar v. The Deputy Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2025

CORAM

THE HONOURABLE Mr.JUSTICE SUNDER MOHAN W.P.Crl.(MD).No.1258 of 2025 and W.M.P(MD).No.333 of 2025 Sivakumar ... Petitioner Vs.

1.The Deputy Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Sub Inspector of Police, Moolaikaraipatti Police Station, Tirunelveli District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent vide his proceedings in Na.Ka.No.25/NaMuNa/KaAa/2025 dated 21.08.2025 and quash the same as illegal and violative of principles of natural justice and consequently direct the respondents to grant permission to conduct Aadal Paadal programme during Avani Pongal Festival scheduled to be held on 10.09.2025 at 07.00 pm., to 11.00 pm., to be conducted at Arulmigu Mubbitathi Amman, Santhanamariamman, Aayarkulam, Tirunelveli District. 1/5

For Petitioner : Mr.S.Sankar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner has sought for writ of certiorarified mandamus calling for the records relating to the impugned order passed by the second respondent vide his proceedings in Na.Ka.No.25/NaMuNa/KaAa/2025, dated 21.08.2025, by which, the respondents while permitting to conduct the temple festival had denied the permission to conduct 'Adal Padal' programme, quash the same and direct the respondents to grant permission to conduct 'Adal Padal' programme during 'Avani Pongal Festival' scheduled to be held on 10.09.2025 at 07.00 pm., to 11.00 pm., to be conducted at 'Arulmigu Mubbitathi Amman Santhanamariamman', Aayarkulam, Tirunelveli District.

2. The learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that permission was denied on the ground that there is a possibility of dispute arising between two castes, if the petitioner conducts any programme that may promote enmity between two castes.

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3. This Court has perused the impugned order.

4. The grievance of the petitioner is only with regard to condition No.18 in the impugned order, dated 21.08.2025, by which, the petitioner was not permitted to conduct 'Adal Padal' programme. The petitioner is willing to abide by all other conditions imposed in the impugned order. Condition No.18 has been imposed mainly on the assumption that the programme is likely to create enmity between two communities. The learned counsel for the petitioner would on instructions submit that the petitioner would not perform any act that may cause enmity between the members of two castes.

5. In view of the undertaking, this Court is of the view that the petitioner can be permitted to conduct 'Adal Padal' programme subject to the condition that he shall refrain from engaging in any act during the programme that may promote enmity between two castes.

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6. With the above modification, the impugned order is sustained and the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

08.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Rmk Note : Issue order copy on 08.09.2025 To 1.The Deputy Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Sub Inspector of Police, Moolaikaraipatti Police Station, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN, J.

Rmk W.P.Crl.(MD).No.1258 of 2025 08.09.2025 5/5